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Answered in 22 minutes by:
3/16/2013
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedWhat is the value of the sub?
i have tried talking to both the salesman and the dealer principle and also rang the caryards head office who told me they cant do anything as final decision lies with dealer principle
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Okay, well, because they are clearly stuffing you around I think this might be best resolved by a claim in the Magistrates Court of South Australia for the $200.
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Before taking that step, however, your daughter should send a letter of demand stating that she wants the sub back or its value ($200), and saying that if they do not pay, she will start proceedings in the Magistrates Court of South Australia. She should set a firm deadline for them to pay, like 5pm on 5 April 2013. Give them enough time, but in the order of 7 to 14 days. Have her put her bank details on the letter of demand.
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Second, if they do not pay by the time specified, she should go down to her local Magistrates Court registry and fill out a minor claim form or a general form. File it and pay the filing fee. Do it as soon as possible after the deadline.
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As far as I know, the minor claim limit is $6,000. Your daughter may want to look at staying in the minor claims jurisdictioas it is much more informal and she wouldn't need a lawyer. Your daughter should serve it on them by using the rules of service (there will be brochures at the Court registry).
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After she has served it on them, she should wait. The law gives the car dealership a certain time to respond (usually 21 days) and enter an appearance. If they do not enter an appearance, your daughter can apply for a default judgment (she wins because they don't turn up). Otherwise, the Court will probably order her to a pre-trial conference to try and work it out.
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Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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